Allahabad High Court

MANOJ KUMAR SHARMA AND 4 OTHERSversusSATENDRA KUMAR AND 6 OTHERS

Decided: 29 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court may direct a lower civil court to decide a pending application without adjudicating the merits of the writ petition.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Auraiya to decide a pending 6‑C application in Suit No.165 of 2026. The High Court, finding no merit to be adjudicated and deeming the matter suitable for disposal at the admission stage, dismissed the petition without calling for a counter‑affidavit or issuing notice to private respondents. However, the Court directed the Civil Judge to decide the 6‑C application in accordance with law, after hearing all affected parties, preferably within one month of the order. The direction was issued to ensure timely disposal of the pending application. The Court clarified that it had not decided the substantive issues of the case.

Issues considered

Whether a High Court can, at the admission stage, direct a lower civil court to decide a pending 6‑C application without hearing the petition fully

Subjects

Article 227
Writ petition
Civil Procedure
6‑C application
Admission stage disposal
Direction to lower court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 13658 of 2026

                                    Manoj Kumar Sharma And 4 Others
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Satendra Kumar And 6 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)           : Raj Kumar Srivastava, Shiv Poojan
                                    Counsel for Respondent(s)           :


                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This writ petition has been filed seeking a direction upon learned Civil
                                    Judge (Senior Division), Auraiya to decide 6-C application filed in Suit
                                    No.165 of 2026.

                                    2. As no useful purpose would be served in keeping the matter pending, the
                                    writ petition is being disposed of, at the admission stage, without calling for
                                    counter affidavit or issuing notice to private respondents, with a direction
                                    upon Civil Judge (Senior Division), Auraiya to decide 6-C application filed
                                    in Suit No.165 of 2026, in accordance with law, after hearing all affected
                                    parties, preferably within a period of one month from the date of production
                                    of certified copy of this order.

                                    3. With the aforesaid direction, present writ petition stands disposed of.

                                    4. It is made clear that this Court has not adjudicated the case on merit.



                                                                                      (Rohit Ranjan Agarwal,J.)
                                    September 30, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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